Amendment VI – Julian Shapiro

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Amendment VI:

 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

 

The 6th Amendment of the United States Constitution provides a set of rights for the accused that are crucial to America’s legal and prosecution process. These rights, since their original uses in the context of the 18th century, have evolved and been interpreted by the Supreme Court. In the late 18th century, cases were most often debated with the prosecutors and defendants themselves. The 6th Amendment built on this, with the purpose of allowing both the prosecuting and defending sides to each present their own arguments and evidence, resulting in a more equal process with less emphasis on the court itself investigating the case. 

 

One of the most significant rights which the 6th Amendment outlines is the right to a “speedy and public trial.” The importance of this right is that it helps provide fairness to the defendant; it creates a swift system preventing the defendant from being held under unproven accusations for long periods of time and making sure all evidence is presented before it is altered or lost. The right generally requires that the case starts within a certain duration of time after the incident, or the defendant can dismiss the case. A “speedy” trial is, however, subjective, and the Constitution does not provide a more specific duration, causing divergent interpretations. It was most significantly debated in the 1972 Barker v. Wingo case. In 1958, Two men, Manning and Barker, who killed a couple were indicted. The state, however, convicted Manning first, as there was more evidence against him, and he would later have testimony to help convict Barker. Barker was finally convicted in 1963, five years after the crime, and claimed he had been denied the right to a speedy trial. The Supreme Court unanimously rejected Barker’s claim, saying a “speedy” trial is not firmly defined and depends on the circumstances. In this case, though it was long, there was no prejudice against Barker in the trial and he had not actually requested a faster trial during the case.

 

The right also provides publicity to the trial. The basis of this is that it is open, allowing for more people and media to have opinions on the case, as well as preventing corruption and judicial bias that may occur in a private case. Another right the 6th Amendment provides for the defendant’s benefit is the compulsory process clause, requiring witnesses requested by the defendant to attend the court. Additionally, prosecutors’ witnesses must be “confronted” against the defendant in person, in order to require evidence that can be questioned by the defendant and jury under oath.

 

The final and most debated right described in the 6th Amendment is the assistance of counsel, which guarantees the defendant a lawyer if they wish. Those who can afford to can hire a lawyer of their choice, while those who cannot are entitled to one paid for by the government. The extent of this clause has been debated, most significantly in the 1963 Gideon v. Wainwright case. Gideon, who had been the defendant in a state court, requested a lawyer, however was denied the right as it was not a part of the state’s laws for a trial court. The case reached the Supreme Court, who unanimously decided in Gideon’s favor, extending the right mentioned in the 6th Amendment to be extended to defendants state courts. The decision was a milestone in the protection of legal rights, as most cases are in state courts rather than federal ones.

 

The 6th Amendment is a crucial democratic legal right that has been often changed through the Supreme Court. I believe the amendment still needs change, specifically in clearly defining the amount of time in which a trial must start, to better ensure a fair case.

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